Iowa Annual Report (Conservatorship - Dist 5)
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FAQ
A conservatorship is one form of substitute decision-making which is established through a legal proceeding. The court, after finding by clear and convincing evidence that a person is incompetent, may appoint a conservator to have the custody and control of the property of the person. Iowa Code §633.3(7) and §633.553.
1. A conservator is a fiduciary and has duties of prudence and loyalty to the protected person. 2. In investing and selecting specific property for distribution, a conservator shall consider any estate plan or other donative, nominative, or appointive instrument of the protected person, known to the conservator.
A ?conservatorship? is a legal action in which the court appoints a ?conservator? to manage the financial affairs or daily life of a ?protected person? who is a minor or is someone incapable of managing the person's affairs.
A conservator takes care of the protected person's assets and income. A conservator's actions are reviewed by the court. What must the Conservator Do? The conservator has to take care of the protected person's income and assets, invest them well, account for them, and perform all other duties required by law.
In most instances, the powers of a limited conservatorship of the person allow the conservator to arrange for the housing, health care, meals, personal care, housekeeping, transportation, recreation, and education of the conservatee.
You can be appointed a conservator by filing an application with the court. You will also have to complete a personal background check authorization form, which is on the Iowa Judicial Branch website at: .
In a guardianship, the guardian is appointed by the court to make personal decisions for the protected person A conservatorship deals with the person's financial decisions and a guardian- ship deals with non-financial decisions, such as where the protected person lives and what type of medical care the protected person